I mentioned in my last email to you that I had found something hidden in The Innovation Act that had been missed by a lot of people. I noticed a sentence that didn’t make any sense. I was going to go past it, but I decided to find out what it was. This is the sentence:
“Section 273 of title 35, United States Code, is amended by striking subsection (f).”
There was no explanation, and it was not in an area that indicated any importance. It was designed to be missed.
Research showed that Section 273 of title 35 is “Defense to infringement based on prior commercial use.”
Subsection (f) is “Unreasonable Assertion of Defense— If the defense under this section is pleaded by a person who is found to infringe the patent and who subsequently fails to demonstrate a reasonable basis for asserting the defense, the court shall find the case exceptional for the purpose of awarding attorney fees under section 285.”
So, if the patent infringer is found guilty, and found to have asserted false claims of prior use in his defense (lied), the infringer will have to pay the patent holder’s attorney fees.
But the hidden sentence in H.R.9 eliminates this – it removes the penalty. This is outrageous! The law is being changed to make it easier to steal legitimate intellectual property.
There are probably other statements like this in H.R.9. This is also in the Senate’s PATENT Act, S.1137.
A document that describes this information is here. Please email it to your Representative as proof that there are individuals behind this legislation whose motives are very different than what has been stated.
One of the big problems, that the politicians will not admit, is that powerful constituents provide the language for bills. This is proof that the system is flawed, and that real abuse has occurred.
Right now, drug companies are pushing hard to get enough of a carve-out that they can support H.R.9. Same for the universities. If they are able to do this, the bill could have enough support to pass. We need to use this new information to make sure that all decent Representatives remain opposed to this bill.
Randy Landreneau, Founder
Independent Inventors of America